Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-06-01
THE SUPREME BENCH
THE VACANCY IN rHs BIGGEST COURT
OF THR LAND.
The Place 10 be Given to the South; Not
Yet Known nom Which State
Review OF theChsnges
in the Court.
Try telegraph to the Dispslcb.l

WASHINGTON. May 3l.-A prominent
official entirely di>interestcd, who has
TAXED with the President IN regard 10 the
vacancy In The United States supreme
Court caused by the death of Justice
Woods, said % a IcprcSe ntaiive Of The AsSo.
cIated Press to-day that while the President
has decided TO give the place 10 The South,
he T. satisfied that there il nothing In the
Constitution, law, or precedent which con-
fines the selection OF the sppointce 10 the
states included IL the circuit 10 which the
deceased JUDGE was assigned.
Tie official explained that while Con.
cICsS fixes the boundaries of The judicial
circuits, the court itself makes the assign.
menl OF judges, and Il has frequently hap.
pcnCd that a judge appointed from one
state p, assigned 10 a circuit ia aH entirely
different section 81 the country, and also
that when 3 vacancy has occurred in any
particular circuit It has been frequently
lllcd by an appointment from state alto
ee;her outside Of It's jurisdiction.
In demonstrating this assertion the off.
rial said that Judge Tauey. at the time Of
his death. In 1864. presided over the Fourth
cilc,dt which included the states Of Mary
land. West Virginia, Virginia, and North
and South Carolina; hut instead OF select
ing his successor from one OF those States.
The President appointed Judge Chase, OF
Ohio, aud he was assigned 10 the Fourth
circuit. Judge Swayne, OF OhlO. was also
on the bench 40 that time; so that Ch2Se's
appointment gave Ohio two representatives
on the bench az The same time. When Chase
died. IN 1873, making another vacancy in
the Fourth circuit. ACKNOWLEDGEMENT
Willisms, 81 OREGON, was nominated for
the plscc. but was rejected by the Senate
caleb Gushing, Of Massachusetts,. was next
nominated. aud be, too. was rejected
These gentlemen. sald the speaker. were
rejected for political reasons, and not be-
cause they did not belong 10 the States in
cludcd in the circuit where the vacancy ex-
l>,td. There can be no question on that
score. be said, for The reason that the next
gentleman nominsted-Ju Waile-was
from Ohio, and he was confirmed. lie
was assigned to the Fourth circuit.
Then sg1in, when Judge Grier, OF Penn
,yyauI. died. IN 1869, Judge stanton,
Of ohio. WIS appointed TO his place, not.
with>lanGiug Grier's circuit embraced the
State, ~ Pennsylvania. New Jersey, and
DcaNaic. Judge stanton died. however.
.oon after hi, appointment and before he
could AXE bis scat. Judges Waite and
SWaync. both from Ohio, sat on the bench
for several years together, and when the
latter retired stanley Matthews, Of Ohio.
was appointed in his place; so that there
sre two men from the same State still on the
bench. Then. again. Judge Bradley, who
wss appointed from New Jersey in 1870,
was assigned 10 the Fifth circuit, en-
bracing the states Of Georgia. Florida,
Alabama. Mississippi, Louisiana, aud
Texas. However, when Judge Woods, of
Gcorcil, was appointed Judge Bradley
va, transferred 10 another circuit Qhe
Third and Judge Woods was gwen the
Fifth circuit.
81 have just mentioned these facts, :"
remarked the Official, "to show that the
President M selecting a person for the
EXISTING vacancy can take a man from
wherever be pleases, and there is nothing
more % preye.t him from doing so than
there j. 10 prevent him from taking two
members OF his Cabinet from the same
Stale. The President realizes the impOr-
lance OF getting a good man for
the place, aud while he has COM
uitted himself A. favorable 10 a southern
man, he does not feel obliged to confne
his selection to The States in the circuit
where the vacancy exists. You must not
understand, however, that he has decided
tO Ippoint an outside man. | have only
said what have 10 show you that the Pre-
.ideut Las great latitude in The matter and
iha, he has q large field 10 select from. Al
though extraordinary pressure is being
brought to bear upon the President and
AttOrney-Geueral. now that the latter has
declared himself ont OF the race, IN the IN
trreSi, Of spplicants-Of whom there are
more than a scOTe-I do not think the Pre-.
,ident will make his selection fors0me time